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MILLER v. UNITED STATES

No. 7068.

114 F.2d 267 (1940)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

July 17, 1940.

Attorney(s) appearing for the Case

Eugene Bland, of Shelbyville, Ind., and Stephen A. Cross, of Chicago, Ill., for appellant.

Arthur Roe, U. S. Atty., of Vandalia, Ill., Carl W. Feickert, Asst. U. S. Atty., of East St. Louis, Ill., William M. Lytle, Atty., Department of Justice, of Chicago, Ill., Julius C. Martin, Wilbur Pickett, and Fendall Marbury, all of Washington, D. C., for appellee.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

This is an appeal by a veteran of the World War from a judgment denying him any recovery under the "automatic" war risk insurance provision of the U. S. statute (40 Stat. 409, Act of October 6, 1917, § 401, quoted infra) which automatically gave war risk insurance protection to any soldier who became totally and permanently disabled within 120 days from its enactment, October 6, 1917.

Plaintiff did not take out war risk insurance...

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